Category: Administrative Law

Constitutionaltheorist, A. V Dicey views parliamentary sovereignty to be based on four rules; Parliamenthas the right to make and unmake laws, no person or body can challenge this,parliament can regulate activities of anyone, anywhere and that parliamentcannot bind its successors.1 The UKconstitution is uncodified and parliament is regarded as sovereign, this meansit has supreme power. For instance, the highest form of law in the UK is an Actof Parliament, which no court can refuse to apply.                                                                Although, parliamentary sovereignty is a key principle of the UKconstitution, it is fundamentally flawed as the limitations that existundermine its power, and this […]

Judicialreview is that the legal method through that a man could challenge the lawfulnessof the manner within which any of those powers has been used1. ^itapplies all public bodies, together with courts and councils apart from Parliament.Judicial review cases are set by the Administrative Court of the Queen’s BenchDivision of the state Supreme Court. Judicial review is available when the authorityhad acted either ultra vires (beyond its powers) or in breach of rules ofnatural justice (the common law rules of procedural fairness). The human rightsAct 1998 has added a further measurement to judicial review by making extra groundsfor challenge. Inthe […]

There are several stepsinvolved in a formal lawsuit. From the beginning when filing a lawsuit, thefirst step is the demand. Demand is a situation whereby a lawyer is required toensure that offers and requests made by a party are realistic and even guideone in understanding the terms of the agreement before making any admissions.On the other hand, lawyer’s letter is another step that one of the principalsuses an attorney to send a lawyers letter in case things do not work outamongst them. A pre-litigation settlement discussion is a step that involves theparties and their lawyers majorly involving service complaints to […]

Itwould be important to have a good understanding of what administrativeadjudication is, in its real sense, the different class of administrativeadjudication that exists in Nigeria and also its constitutionality that is whatmakes administrative adjudication constitutional. As we have seen, Nigeriaobserves the principle of separation of powers however in these times becauseof the complexity of modern governance there cannot be a complete applicationof separation of powers, which then allows for the practice of administrativeadjudication in Nigeria.2.1 Adjudication in Nigeria throughAdministrative AdjudicationAdministrativeAdjudication can be said to be a process used by administrative agencies inorder to issue regulations through an adversary proceedings, which […]

Marshall argues that”the most obvious and undisputed convention” is that Parliament does not legislatein an “oppressive or tyrannical way,” because of the rule of law. The nature ofUK’s uncodified constitution means that governing constitutional principles andrules are largely unwritten. The obscure nature of the constitution thus leadsto controversy regarding the extent to which constitutional principles such asthe rule of law and parliamentary sovereignty applies in the UK.1The rule of law has a notable impact on parliamentary sovereignty. Diceydefines a ‘formal’ rule of law which requires that the powers exercised by thestate be lawful and not arbitrary in nature, as well […]